36C10B24Q0414 v5 - final.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C10B24Q0414 07/23/2024

Benetria Banks 848-377-5312 9:00 AM EST

07/26/2024

36C10B

Department of Veterans Affairs

Office of Procurement, Acquisition and Logistics

Technology Acquisition Center

23 Christopher Way

Eatontown NJ 07724

X

334118

1000 Employees

N/A

X

See Delivery Schedule

36C10B

Department of Veterans Affairs

Office of Procurement, Acquisition and Logistics

Technology Acquisition Center

See Section B.3 Contract Administration

Data

See CONTINUATION Page

Brand Name Censis PDA Bundles with Zebra TC52ax-HC Scanners and access to Censis Technical Support with one year commercial warranty support.

See Section B for requirements.

Points of Contact:

Benetria Banks, Contract Specialist

Benetria.Banks@va.gov

Peter Lewandowski, Contracting Officer

Peter.Lewandowski@va.gov

X X

Peter T. Lewandowski

Contracting Officer

Request for Quotation: 36C10B24Q0414

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 ACCOUNTING AND APPROPRIATION DATA

B.3 GOVERNING LAW

B.4 SOFTWARE LICENSE, SOFTWARE MAINTENANCE AND SOFTWARE

TECHNICAL SUPPORT:

B.5 PRICE SCHEDULE

B.6 PRODUCT DESCRIPTION

SECTION C - CONTRACT CLAUSES

I. ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS

C.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.2 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

C.3 VAAR 852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 2022)

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.5 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY

(FEB 2023)

C.6 VAAR 852.212-71 GRAY MARKET AND COUNTERFEIT ITEMS (FEB 2023)

C.7 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.8 VAAR 852.239-76 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY (FEB 2023)

C.9 VAAR 852.246-71 REJECTED GOODS (OCT 2018)

C.10 VAAR 852.247-71 DELIVERY LOCATION (OCT 2018)

C.11 VAAR 852.247-72 MARKING DELIVERABLES (OCT 2018)

C.12 VAAR 852.247-73 PACKING FOR DOMESTIC SHIPMENT (OCT 2018)

C.13 VAAR 852.247-74 ADVANCE NOTICE OF SHIPMENT (OCT 2018)

II. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (SEP 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS*

I. ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

E.1 INSTRUCTIONS TO RESPONDENTS – QUOTE SUBMISSIONS

E.2 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

E.3 FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT

(NOV 2021)

E.4 FAR 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)

II. FAR 52-212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

III. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (MAY 2024)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(continuation from Standard Form 1449, block 18A)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: To be determined.

b. GOVERNMENT: Contracting Officer 36C10B

Peter T. Lewandowski

Department of Veterans Affairs

Technology Acquisition Center

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer - System for Award Management, or

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Upon Acceptance of Deliverables in Section B.5, Price Schedule

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

See website at:

http://www.fsc.va.gov/einvoice.asp

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

http://www.fsc.va.gov/einvoice.asp

B.2 ACCOUNTING AND APPROPRIATION DATA

Funds in the amount of $TBD are obligated on Integrated Funds Distribution, Control Point Activity, Accounting and Procurement (IFCAP) Order Number TDB to fund CLIN 0001. The contractor shall reference the IFCAP Order Number on each invoice submitted for payment.

B.3 GOVERNING LAW

Federal law and regulations, including the Federal Acquisition Regulations (FAR), shall govern this Contract/Order. Commercial license agreements may be made a part of this

Contract/Order but only if both parties expressly make them an addendum hereto, as permitted by FAR 12.212. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the

Contract/Order; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap), any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation

(shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract/Order, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this

Contract/Order; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract/Order. Federal law and regulation including, without limitation, the Contract Disputes Act (41 U.S.C. § 7101 et seq.), the

Anti-Deficiency Act (31 U.S.C. § 1341 et seq.), the Competition in Contracting Act (41

U.S.C. § 3301 et seq.), the Prompt Payment Act (31 U.S.C. § 3901 et seq.), Contracts for Data Processing or Maintenance (38 USC § 5725), and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control, and render ineffective any inconsistent, conflicting, or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract/Order or the commercial license agreement or elsewhere, the terms of this clause shall prevail. The Contractor shall deliver to the Government all data first produced under this Contract/Order with unlimited rights as defined by FAR 52.227-14. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S.

Department of Justice (DOJ) in accordance with 28 U.S.C. § 516; at the discretion of

DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract/Order must be made by modification

(Standard Form 30) and shall only be made by a warranted Contracting Officer. Nothing in this Contract/Order or any commercial license agreement shall be construed as a waiver of sovereign immunity.

B.4 SOFTWARE LICENSE, SOFTWARE MAINTENANCE AND SOFTWARE

TECHNICAL SUPPORT:

(1).Definitions.

a) Licensee. The term “licensee” shall mean the U.S. Department of Veterans

Affairs (“VA”) and is synonymous with “Government.”

b) Licensor. The term “licensor” shall mean the Contractor having the necessary license or ownership rights to deliver license, software maintenance and support of the computer software being acquired. The term “Contractor” is the party identified in Block 17a on the SF1449. If the Contractor is a reseller and not the

Licensor, the Contractor remains responsible for performance under this

Contract/Order.

c) Software. The term “software” shall mean the licensed computer software product(s) cited in the Schedule of Supplies/Services.

d) Maintenance. The term “maintenance” is the process of enhancing and optimizing software, as well as remedying defects. It shall include all new fixes, patches, releases, updates, versions and upgrades, as further defined below.

e) Technical Support. The term “technical support” refers to the range of services providing assistance for the software via the telephone, email, a website or otherwise.

f) Release or Update. The term “release” or “update” are terms that refer to a revision of software that contains defect corrections, minor enhancements, or improvements of the software’s functionality. This is usually designated by a change in the number to the right of the decimal point (e.g., from Version 5.3 to

5.4). An example of an update is the addition of new hardware.

g) Version or Upgrade. The term “version” or “upgrade” are terms that refer to a revision of software that contains new or improved functionality. This is usually designated by a change in the number to the left of the decimal point (e.g., from

Version 5.4 to 6).

(2).Software License.

a) Unless otherwise stated in the Schedule of Supplies/Services, the Performance

Work Statement or Product Description, the software license provided to the

Government is a perpetual, nonexclusive license to use the software.

b) The Government may use the software in a networked environment.

c) Any dispute regarding the license grant or usage limitations shall be resolved in accordance with the Disputes Clause incorporated in FAR 52.212-4(d).

d) All limitations of software usage are expressly stated in the Schedule of

Supplies/Services and the Performance Work Statement/Product Description.

(3).Software Maintenance and/or Technical Support.

a) If the Government desires to continue software maintenance and support beyond the period of performance identified in this Contract/Order, the Government will issue a separate contract or order for maintenance and support. Conversely, if a contract or order for continuing software maintenance and technical support is not received, the Contractor is neither authorized nor permitted to renew any of the previously furnished services.

b) The Contractor shall provide software support services, which includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the Contractor to its commercial customers to cause the software to perform according to its specifications, documentation or demonstrated claims.

c) Any telephone support provided by Contractor shall be at no additional cost.

d) The Contractor shall provide all maintenance services in a timely manner in accordance with the Contractor’s customary practice or as defined in the

Performance Work Statement or Product Description. However, prolonged delay

(exceeding two business days) in resolving software problems will be noted in the Government’s various past performance records on the Contractor (e.g., www.cpars.gov).

e) If the Government allows the maintenance and support to lapse and subsequently wishes to reinstate it, any reinstatement fee charged shall not exceed the amounts that would have been charged if the Government had not allowed the subscription to lapse.

(4).Disabling Software Code.

a) The Government requires delivery of computer software that does not contain any code that will, upon the occurrence or the nonoccurrence of any event, disable the software. Such code includes but is not limited to a computer virus, restrictive key, node lock, time-out, or other function, whether implemented by electronic, mechanical, or other means, which limits or hinders the use or access to any computer software based on residency on a specific hardware configuration, frequency of duration of use, or other limiting criteria. If any such disabling code is present, the Contractor agrees to indemnify the Government for all damages suffered as a result of a disabling caused by such code, and the contractor agrees to remove such code upon the Government’s request at no extra cost to the Government. Inability of the Contractor to remove the disabling software code will be considered an inexcusable delay and a material breach of contract, and the Government may exercise its right to terminate for cause. In addition, the Government is permitted to remove the code as it deems appropriate and charge the Contractor for consideration for the time and effort expended in removing the code.

(5).Manuals and Publications.

a) Upon Government request, the Contractor shall furnish the most current version of the user manual and publications for all products/services provided under this

Contract/Order at no cost.

B.5 PRICE SCHEDULE

The base period of performance (PoP) includes delivery of the base quantity hardware within 90 days after receipt of order and a 12-month warranty period.

NOTE: All days are calendar unless otherwise noted.

Quantities In Accordance With Project Description Paragraph 1.0. (12 months for warranty support)

CLIN Description QTY/Unit of Issue Unit Price Total Price

Censis PDA Bundles in accordance with (IAW) Section 1.0 of the Product Description (PD) B.6, and shall include medical grade Zebra TC52ax-HC scanners and access to Censis Technical Support with one year commercial warranty support of the scanners.

Zebra TC52ax-HC Scanners Part Number: TC520L-1HCMH7P-FT08

Delivery: 90 Days after contract award to VA facilities (See Attachment A – Master Delivery Schedule)

Inspection: Destination Acceptance: Destination FOB: Destination

PSC Code: 7E21

109 EA

Total for Base Period: $________________

B.6 PRODUCT DESCRIPTION

1.0 PRODUCT REQUIREMENTS

The Department of Veterans Affairs (VA), Real Time Location Systems (RTLS), Project

Management Office, assists facilities and Veterans Integrated Service Networks (VISN) with the selection, deployment, and management of RTLS technologies on behalf of the

Veterans Health Administration (VHA). VHA, Healthcare Technology Management’s

(HTM) - VISN 10 and the Central Virginia VA Health Care System (CVHCS) has a requirement to procure 109 brand name Censis Personal Digital Assistant (PDA)

Bundles with 94 Censis PDA Bundles delivered to VISN 10 and 15 Censis PDA Bundles delivered to CVHCS. The Censis PDA bundles includes medical grade Zebra TC52ax-

HC scanners and access to Censis Technical Support with one-year commercial warranty support of the scanners. These brand-name Censis PDA Bundles shall be delivered to the noted VA facilities within 90 days after contract award.

As part of the brand-name Censis PDA Bundles, the medical grade scanner shall meet or exceed the following salient characteristics:

Parameter Attribute Value

Weight Max .5 lbs.

Environmental IP65

Power Supply Requirements

Minimum Rechargeable battery, at least 15.48 Watt hours, and least 4150 mAh, 7 Pin

Bottom Connector

Drop Test

Minimum Shall remain functional after 4 foot drop to concrete

Bluetooth Class 2, Bluetooth: v5.0, Bluetooth Low Energy

Operating System Minimum Android 11; upgradeable to

Android 14

RAM Minimum 4GB

Display/Graphics Minimum HD

Screen Size Minimum 5”

Resolution Minimum 1220x720

Touch Screen Yes

Keyboard On Screen

Speakers Integrated audio

Wireless

Minimum Shall have an integrated wireless networking interface. Wireless interface shall support 802.11b/g/n (2x2)

Wi-Fi and a FIPS-140-2 encrypted communications. Required

5 GHz support. Shall be capable of roaming between access points without significant degradation of signal in secure mode.

Integrated Camera Minimum 5 MP HD

Barcode Scanner

Minimum SE4710 imager (2D)

Scan range – Code 39 barcode

Minimum Shall support illumination of area being scanned

Minimum Shall provide audible alerts of scanning

Battery Minimum Runtime of eight (8.5) hours

Battery Charge Time

Maximum 5 hours if charging with device powered off or 8 hours if charging device powered on

Battery Interchangeability Minimum Hot swappable

Dimensions Maximum 8” L, 3” W

Durability

Minimum Medical grade, waterproof with anti-microbial housing. Minimum seal rating IP65. Device shall withstand low and intermediate disinfection using methods approved by CDC for nonc

Usability Environment

Minimum Users must be able to interact with on screen commands while wearing latex or nitrile gloves and with bare hands

Minimum Shall support battery changeout without losing settings or information stored in memory

Minimum Battery must be able to be changed without tools

Minimum Shall support charging of device without removing batteries

Minimum Shall provide a display which is both day and night viewable

Minimum Shall provide low battery indicator

TAA Compliant Yes

Certify that appliance can connect and interoperate to the

CensiTrac RTLS solution

Yes

The Contractor shall deliver the quantities listed below for each noted site:

Site Address Description Part no. Quantity

Ann Arbor

VAMC

2215 Fuller

Rd, Ann

Arbor, MI

48105

Zebra TC52ax-HC

Scanners

TC520L-

1HCMH7P-FT08

Chillicothe

VAMC

17273 State

Route 104, Chillicothe, OH 45601

Zebra TC52ax-HC

Scanners

TC520L-

1HCMH7P-FT08

Cleveland

VAMC

10701 East

Boulevard, Cleveland, OH 44106

Zebra TC52ax-HC

Scanners

TC520L-

1HCMH7P-FT08

Dayton

VAMC

4100 W 3rd

St, Dayton, OH 45428

Zebra TC52ax-HC

Scanners

TC520L-

1HCMH7P-FT08

Cincinnati

VAMC

3200 Vine

St, Cincinnati, OH 45220

Zebra TC52ax-HC

Scanners

TC520L-

1HCMH7P-FT08

Site Address Description Part no. Quantity

Columbus

VAMC

420 N James

Rd, Columbus, OH 43219

Zebra TC52ax-HC

Scanners

TC520L-

1HCMH7P-FT08

Battle Creek

VAMC

Armstrong

Rd, Battle

Creek, MI

49037

Zebra TC52ax-HC

Scanners

TC520L-

1HCMH7P-FT08

Wyoming

CBOC

5838 Metro

Way SW, Wyoming, MI

49519

Zebra TC52ax-HC

Scanners

TC520L-

1HCMH7P-FT08

Marion IN

VAMC

1700 E 38th

St, Marion, IN 46953-

Zebra TC52ax-HC

Scanners

TC520L-

1HCMH7P-FT08

Fort Wayne

VAMC

2121 Lake

Ave, Fort

Wayne, IN

46805

Zebra TC52ax-HC

Scanners

TC520L-

1HCMH7P-FT08

St Joseph

CBOC

2121 Lake

Ave, Fort

Wayne, IN

46805

Zebra TC52ax-HC

Scanners

TC520L-

1HCMH7P-FT08

Detroit

VAMC

4646 John R

St, Detroit, MI 48201

Zebra TC52ax-HC

Scanners

TC520L-

1HCMH7P-FT08 10

Saginaw

VAMC

1500 Weiss

St, Saginaw, MI 48602

Zebra TC52ax-HC

Scanners

TC520L-

1HCMH7P-FT08 3

Indianapolis

VAMC

1481 W 10th

St, Indianapolis, IN 46202

Zebra TC52ax-HC

Scanners

TC520L-

1HCMH7P-FT08

Central

Virginia VA

Health Care

System

1201 Broad

Rock Blvd, Richmond, VA 23249

Zebra TC52ax-HC

Scanners

TC520L-

1HCMH7P-FT08

TOTAL 109

Technical Support Services:

As part of the Censis PDA Bundles, there is a one-time access fee that enables the devices to connect and receive maintenance and technical support. The ongoing cost of this maintenance and technical support shall be attributable to the specific VISN RTLS contract(s).

This technical and maintenance support services will ensure that the Zebra TC52ax-HC

Scanners are properly configured and updated to latest versions/patches of the

CensiTrac software. Further, the Contractor shall provide a dedicated helpdesk telephone line for VA Staff to call and trouble shoot and submit helpdesk tickets. The

Contractor shall maintain a log of helpdesk incidents, resolutions and repair times.

The Contractor shall provide a one-year standard commercial warranty for the Zebra

TC52ax-HC Scanners. In the event that issues cannot be first remedied through maintenance support service process or it is determined by the facility to be a work stoppage/patient safety issue, the Contractor shall ship a replacement unit within two business days and delivered no later than five business days. The Contractor shall follow the same shipping instructions included in this contract.

2.0 NOTICE OF THE FEDERAL ACCESSIBILITY LAW AFFECTING ALL

INFORMATION AND COMMUNICATION TECHNOLOGY (ICT)

PROCUREMENTS (SECTION 508)

On January 18, 2017, the Architectural and Transportation Barriers Compliance Board

(Access Board) revised and updated, in a single rulemaking, standards for electronic and information technology developed, procured, maintained, or used by Federal agencies covered by Section 508 of the Rehabilitation Act of 1973, as well as our guidelines for telecommunications equipment and customer premises equipment covered by Section 255 of the Communications Act of 1934. The revisions and updates to the Section 508-based standards and Section 255-based guidelines are intended to ensure that information and communication technology (ICT) covered by the respective statutes is accessible to and usable by individuals with disabilities.

2.1 SECTION 508 – INFORMATION AND COMMUNICATION TECHNOLOGY

(ICT) STANDARDS

The Section 508 standards established by the Access Board are incorporated into, and made part of all VA orders, solicitations and purchase orders developed to procure ICT.

These standards are found in their entirety at: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines standards-and-guidelines. A printed copy of the standards will be supplied upon request.

Federal agencies must comply with the updated Section 508 Standards beginning on

January 18, 2018. The Final Rule as published in the Federal Register is available from the Access Board: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule.

The Contractor shall comply with “508 Chapter 2: Scoping Requirements” for all electronic ICT and content delivered under this contract. Specifically, as appropriate for the technology and its functionality, the Contractor shall comply with the technical standards marked here:

E205 Electronic Content – (Accessibility Standard -WCAG 2.0 Level A and AA

Guidelines)

E204 Functional Performance Criteria

E206 Hardware Requirements

E207 Software Requirements

E208 Support Documentation and Services Requirements

2.2 COMPATABILITY WITH ASSISTIVE TECHNOLOGY

The standards do not require installation of specific accessibility-related software or attachment of an assistive technology device. Section 508 requires that ICT be compatible with such software and devices so that ICT can be accessible to and usable by individuals using assistive technology, including but not limited to screen readers, screen magnifiers, and speech recognition software.

2.3 ACCEPTANCE AND ACCEPTANCE TESTING

Deliverables resulting from this solicitation will be accepted based in part on satisfaction of the Section 508 Chapter 2: Scoping Requirements standards identified above.

The Government reserves the right to test for Section 508 Compliance before delivery.

The Contractor shall be able to demonstrate Section 508 Compliance upon delivery.

3.0 INFORMATION TECHNOLOGY USING ENERGY-EFFICIENT PRODUCTS

The Contractor shall comply with Sections 524 and Sections 525 of the Energy

Independence and Security Act of 2007; Section 104 of the Energy Policy Act of 2005;

Executive Order 13834, “Efficient Federal Operations”, dated May 17, 2018; Executive

Order 13221, “Energy-Efficient Standby Power Devices,” dated August 2, 2001; and the

Federal Acquisition Regulation (FAR) to provide ENERGY STAR®, Federal Energy https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule

Management Program (FEMP) designated, low standby power, and Electronic Product

Environmental Assessment Tool (EPEAT) registered products in providing information technology products and/or services.

3.1 EPEAT

The Contractor shall provide EPEAT-registered products under this contract, as applicable to clause(s) 52.223-16 and 52.223-14.

3.2 ENERGY STAR

As required in clause 52.223-15 Energy Efficiency in Energy-Consuming Products, the

Contractor shall provide products that earn the ENERGY STAR label and meet

ENERGY STAR specifications for energy efficiency. For information about ENERGY

STAR, see http://www.energystar.gov for complete product specifications and updated lists of qualifying products.

3.3 FEMP

As required in clause 52.223-15 Energy Efficiency in Energy-Consuming Products, the contractor shall only provide products that meet Federal Energy Management Program

(FEMP) and/or FEMP Low Standby Power purchasing specifications for energy efficiency under this contract, as applicable. Covered product categories and the applicable energy efficiency requirements can be found at http://energy.gov/eere/femp/covered-product-categories and low standby power product list can be found at https://www.energy.gov/eere/femp/low-standby-power-product-list.

4.0 SHIPMENT OF HARDWARE OR EQUIPMENT

Inspection: Destination

Acceptance: Destination

Free on Board (FOB): Destination

Ship To and Mark For:

Primary Alternate

Name: See attached Master

Delivery Schedule spreadsheet

Name: See attached Master

Delivery Schedule spreadsheet

Address: Address:

Voice: Voice:

Email: Email:

http://www.energystar.gov/ http://energy.gov/eere/femp/covered-product-categories https://www.energy.gov/eere/femp/low-standby-power-product-list

4.1 SPECIAL SHIPPING INSTRUCTIONS

Prior to shipping, Contractor shall notify Site point of contacts (POCs), by phone followed by email, of all incoming deliveries including line-by-line details for review of requirements. The Contractor shall not make any changes to the delivery schedule at the request of Site POC. The Contractor shall furnish a copy of the receipt/acceptance to the VA COR and ensure that the Master Delivery Schedule is updated with each delivery.

Contractors shall coordinate deliveries with Site POCs (see Attachment A) before shipment of TC52ax-HC hardware to ensure sites have adequate storage space.

All shipments, either single or multiple container deliveries, shall bear the VA Integrated

Funds Distribution, Control Point Activity, Accounting and Procurement (IFCAP)

Purchase Order number on external shipping labels and associated manifests or packing lists. In the case of multiple container deliveries, a statement readable near the

VA IFCAP PO number shall indicate total number of containers for the complete shipment (e.g. “Package 1 of 2”), clearly readable on manifests and external shipping labels.

Packing Slips/Labels and Lists shall also include the following:

IFCAP PO #: ____________ (e.g., 166-E11234 (the IFCAP PO number is located in block #20 of the SF 1449))

Project Description: (e.g. Tier I Lifecycle Refresh)

Total number of Containers: Package ___ of ___. (e.g., Package 1 of 3)

4.2 NATIONAL ACQUISITIONS - NA

5.0 GENERAL REQUIREMENTS

5.1 VA TECHNICAL REFERENCE MODEL

The Contractor shall support the VA enterprise management framework. In association with the framework, the Contractor shall comply with OIT Technical Reference Model

(VA TRM). The VA TRM is one component within the overall Enterprise Architecture

(EA) that establishes a common vocabulary and structure for describing the information technology used to develop, operate, and maintain enterprise applications. Moreover, the VA TRM, which includes the Standards Profile and Product List, serves as a technology roadmap and tool for supporting OIT. Architecture & Engineering Services

(AES) has overall responsibility for the VA TRM.

5.2 INTERNET PROTOCOL VERSION 6 (IPV6)

The Contractor solution shall support Internet Protocol Version 6 (IPv6) based upon the memo issued by the Office of Management and Budget (OMB) on November 19, 2020

(https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf). IPv6 technology, in accordance with the USGv6 Program (https://www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1), NIST Special Publication (SP) 500-267B

Revision 1 “USGv6 Profile” (https://doi.org/10.6028/NIST.SP.500-267Br1), and NIST SP

800-119 “Guidelines for the Secure Deployment of IPv6”

(https://doi.org/10.6028/NIST.SP.800-119), compliance shall be included in all IT infrastructures, application designs, application development, operational systems and sub-systems, and their integration. In addition to the above requirements, all devices shall support native IPv6 and dual stack (IPv6 / IPv4) connectivity without additional memory or other resources being provided by the Government, so that they can function in a mixed environment. All public/external facing servers and services (e.g.

web, email, DNS, ISP services, etc.) shall support native IPv6 and dual stack (IPv6 /

IPv4) users and all internal infrastructure and applications shall communicate using native IPv6 and dual stack (IPv6 / IPv4) operations.

5.3 INFORMATION SECURITY CONSIDERATIONS

The Assessment and Authorization (A&A) requirements do not apply and a Security

Accreditation Package is not required.

https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-07.pdf file://///R04.med.va.gov/V03/EAS/Users/vhaeasWymbsk/TEMPLATES--NEW%20TAC%20PROCESS/PWS%20TEMPLATE%20(DO%20NOT%20TOUCH)%20-%20In%20Process%20Revisions/DO%20NOT%20TOUCH%20(next%20version/IPv6/(https:/www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1 file://///R04.med.va.gov/V03/EAS/Users/vhaeasWymbsk/TEMPLATES--NEW%20TAC%20PROCESS/PWS%20TEMPLATE%20(DO%20NOT%20TOUCH)%20-%20In%20Process%20Revisions/DO%20NOT%20TOUCH%20(next%20version/IPv6/(https:/www.nist.gov/programs-projects/usgv6-program/usgv6-revision-1 https://doi.org/10.6028/NIST.SP.500-267Br1 https://doi.org/10.6028/NIST.SP.800-119

6.0 POINTS OF CONTACT

VA Program Manager:

Name:

Address:

Voice:

Email:

Contracting Officer’s Representative:

Name:

Address:

Voice:

Email:

Contracting Officer:

Name: Peter T. Lewandowski

Address: 23 Christopher Way, Eatontown, NJ 07724

Voice: 848-377-5172

Email: Peter.Lewandowski@va.gov

Contract Specialist:

Name: Benetria Banks

Address: 23 Christopher Way, Eatontown, NJ 07724

Voice: 848-377-5312

Email: Benetria.Banks@va.gov mailto:Peter.Lewandowski@va.gov mailto:Benetria.Banks@va.gov

SECTION C - CONTRACT CLAUSES

I. ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract.

C.1 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.203-3

52.203-12

52.203-17

GRATUTIES

LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS

CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS AND REQUIREMENTS TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS

APR 1984

JUN 2020

NOV 2023

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENANCE

OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS

DEC 2014

52.227-1 AUTHORIZATION AND CONSENT JUN 2020

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT

AND COPYRIGHT INFRINGEMENT

JUN 2020

52.232-39

UNENFORCEABILITY OF UNAUTHORIZED

OBLIGATIONS

JUN 2013

(End of Addendum to 52.212-4)

C.2 FAR 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR

INFORMATION SYSTEMS (NOV 2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems

Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

C.3 VAAR 852.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (DEC

2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

C.4 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of

Veterans Affairs contracts in a manner that states or implies the Department of

Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.5 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS

SECURITY (FEB 2023)

(a) Definitions. As used in this clause—

Business Associate means an entity, including an individual (other than a member of the workforce of a covered entity), company, organization or another covered entity, as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA)

Privacy Rule, that performs or assists in the performance of a function or activity on behalf of the Veterans Health Administration (VHA) that involves the creating, receiving, maintaining, transmitting of, or having access to, protected health information (PHI). The term also includes a subcontractor of a business associate that creates, receives, maintains, or transmits PHI on behalf of the business associate.

Business Associate Agreement (BAA) means the agreement, as dictated by the

Privacy Rule, between VHA and a business associate, which must be entered into in addition to the underlying contract for services and before any release of PHI can be made to the business associate, in order for the business associate to perform certain functions or activities on behalf of VHA.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information whether automated or manual.

Information technology (see FAR 2.101) also means Information and Communication

Technology (ICT).

Information technology-related contracts means those contracts which include services (including support services), and related resources for information technology as defined in 802.101.

Privacy officer means the VA official with responsibility for implementing and oversight of privacy related policies and practices that impact a given VA acquisition.

Sensitive personal information means, with respect to an individual, any information about the individual maintained by VA, including but not limited to the following:

(1) Education, financial transactions, medical history, and criminal or employment history.

(2) Information that can be used to distinguish or trace the individual’s identity, including but not limited to name, social security number, date and place of birth, mother’s maiden name, or biometric records.

Security plan means a formal document that provides an overview of the security requirements for an information system or an information security program and describes the security controls in place or planned for meeting those requirements.

VA Information Security Rules of Behavior for Organizational Users (VA National

Rules of Behavior) means a set of VA rules that describes the responsibilities and expected behavior of users of VA information or information systems.

VA sensitive information means all VA data, on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information and includes sensitive personal information. The term includes information where improper use or disclosure could adversely affect the ability of VA to accomplish its mission, proprietary information, records about individuals requiring protection under various confidentiality provisions such as the Privacy Act and the HIPAA Privacy Rule, and information that can be withheld under the Freedom of Information Act. Examples of VA sensitive information include the following: individually-identifiable medical, benefits, and personnel information; financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory, and law enforcement information;

information that is confidential and privileged in litigation such as information protected by the deliberative process privilege, attorney work-product privilege, and the attorney-client privilege; and other information which, if released, could result in violation of law https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.va.gov/oal/library/vaar/vaar802.asp#802101 or harm or unfairness to any individual or group, or could adversely affect the national interest or the conduct of Federal programs.

(b) General. Contractors, subcontractors, their employees, third-parties, and business associates with access to VA information, information systems, or information technology (IT) or providing and accessing IT-related goods and services, shall adhere to VA Directive 6500, VA Cybersecurity Program, and the directives and handbooks in the VA 6500 series related to VA information (including VA sensitive information and sensitive personal information and information systems security and privacy), as well as those set forth in the contract specifications, statement of work, or performance work statement. These include, but are not limited to, VA Handbook 6500.6, Contract

Security; and VA Directive and Handbook 0710, Personnel Security and Suitability

Program, which establishes VA’s procedures, responsibilities, and processes for complying with current Federal law, Executive Orders, policies, regulations, standards and guidance for protecting VA information, information systems (see 802.101, Definitions) security and privacy, and adhering to personnel security requirements when accessing VA information or information systems.

(c) Access to VA information and VA information systems. (1) Contractors are limited in their request for logical or physical access to VA information or VA information systems for their employees, subcontractors, third parties and business associates to the extent necessary to perform the services or provide the goods as specified in the contracts, agreements, task, delivery or purchase orders.

(2) All Contractors, subcontractors, third parties, and business associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors to access VA information and VA information systems shall be in accordance with

VA Directive and Handbook 0710, Personnel Security and Suitability Program.

(3) Contractors, subcontractors, third parties, and business associates who require access to national security programs must have a valid security clearance.

(4) HIPAA Business Associate Agreement requirement. Contractors shall enter into a

Business Associate Agreement (BAA) with VHA, VA’s Covered Entity, when contract requirements and access to protected health information is required and when requested by the Contracting Officer, or the Contracting Officer’s Representative (COR)

(see VAAR 824.103-70). Under the HIPAA Privacy and Security Rules, a Covered

Entity (VHA) must have a satisfactory assurance that its PHI will be safeguarded from misuse. To do so, a Covered Entity enters into a BAA with a contractor (now the business associate), which obligates the business associate to only use the Covered https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=1254&FType=2 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=471&FType=2 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=487&FType=2 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=832&FType=2 https://www.va.gov/oal/library/vaar/vaar802.asp@802101 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=487&FType=2 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=832&FType=2 https://www.va.gov/oal/library/vaar/vaar824.asp#82410370

Entity’s PHI for the purposes for which it was engaged, provide the same protections and safeguards as is required from the Covered Entity, and agree to the same disclosure restrictions to PHI that is required of the Covered Entity in situations where a contractor—

(i) Creates, receives, maintains, or transmits VHA PHI or that will store, generate, access, exchange, process, or utilize such PHI in order to perform certain health care operations activities or functions on behalf of the Covered Entity; or

(ii) Provides one or more of the services specified in the Privacy Rule to or for the

Covered Entity.

(A) Contractors or entities required to execute BAAs for contracts and other agreements become VHA business associates. BAAs are issued by VHA or may be issued by other VA programs in support of VHA. The HIPAA Privacy Rule requires VHA to execute compliant BAAs with persons or entities that create, receive, maintain, or transmit VHA PHI or that will store, generate, access, exchange, process, or utilize such

PHI in order to perform certain activities, functions or services to, for, or on behalf of

VHA. There may be other VA components or staff offices which also provide certain services and support to VHA and must receive PHI in order to do so. If these components award contracts or enter into other agreements, purchase/delivery orders, modifications and issue governmentwide purchase card transactions to help in the delivery of these services to VHA, they will also fall within the requirement to obtain a satisfactory assurance from these contractors by executing a BAA.

(B) BAA requirement flow down to subcontractors. A prime Contractor required to execute a BAA shall also obtain a satisfactory assurance, in the form of a BAA, that any of its subcontractors who will also create, receive, maintain, or transmit VHA PHI or that will store, generate, access, exchange, process, or utilize such PHI will comply with

HIPAA requirements to the same degree as the Contractor. Contractors employing a subcontractor who creates, receives, maintains, or transmits VHA PHI or that will store, generate, access, exchange, process, or utilize such VHA PHI under a contract or agreement is required to execute a BAA with each of its subcontractors which also obligates the subcontractor (i.e., also a business associate) to provide the same protections and safeguards and agree to the same disclosure restrictions to VHA’s PHI that is required of the Covered Entity and the prime Contractor.

(d) Contractor operations required to be in United States. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practicable. If such services are proposed to be performed outside the continental United States, and are not otherwise disallowed by other Federal law, regulations or policy, or other VA policy or other mandates as stated in the contract, specifications, statement of work or performance work statement (including applicable

Business Associate Agreements), the Contractor/subcontractor must state in its proposal where all non-U.S. services are provided. At a minimum, the

Contractor/subcontractor must include a detailed Information Technology Security Plan, for review and approval by the Contracting Officer, specifically to address mitigation of the resulting problems of…